sends in a story that brings into relief just how unsettled is the question of whether police can use GPS to track suspects without a warrant. Just a couple of days ago a Wisconsin appeals court ruled that such tracking is OK
; and today an appeals court in New York reached the opposite conclusion
. "It was wrong for a police investigator to slap a GPS tracking device under a defendant's van to track his movements, the state's top court ruled today. A sharply divided NY Court of Appeals, in a 4-3 decision, reversed the burglary conviction of defendant Scott Weaver, 41, of Watervliet. Four years ago, State Police tracked Weaver over 65 days in connection with the burglary investigation."